People v. Furey

The defendant, charged with violation of subdivision 2 of section 1751 of the Penal Law, moved to suppress certain evidence; namely, two ounces of marijuana, on the ground that said evidence was obtained by an illegal search and seizure in violation of his constitutional rights.

I granted defendant’s motion to the extent of ordering a hearing.

At the hearing the defendant testified in substance that on February 5, 1964, after being asked whether he had anything to declare and answering in the negative, he was cleared through customs at the John F. Kennedy International Airport and had passed…